A/HRC/45/34/Add.3 out the right of indigenous peoples to maintain and develop their own indigenous decisionmaking institutions and political, economic and social systems. 5 States should, in consultation and cooperation with indigenous peoples, support measures, including legislative measures, to achieve the ends of the Declaration, as well as ways and means for financing their autonomous functions.6 6. The degree of legal recognition of indigenous peoples varies across Asia. Certain countries, including Bangladesh, Cambodia, India, Indonesia, Malaysia, Nepal, the Philippines and Timor-Leste, have adopted legal provisions that provide some autonomy through the recognition of customary justice practices or communal land rights. 7 Constitutional recognition of indigenous peoples exists in certain parts of India (Nagaland and Mizoram, in the north-east), Malaysia (Sabah and Sarawak) and the Philippines (the Cordilleras and Mindanao). In Bangladesh, the Chittagong Hill Tracts Accord of 1997 creates a special tripartite administrative system that combines elective, civil servant and traditional indigenous authorities.8 In most Asian countries, however, there are significant gaps between legislation and practice, as well as legislative inconsistencies. 7. Recognition of indigenous customary justice practices is an important element of implementing self-governance. For indigenous peoples, State justice systems are often associated with a history of colonialism, dispossession and racial discrimination. 8. Participants in the regional consultation discussed the advantages of customary justice practices, including their accessibility (aspects such as geography and indigenous languages), their relative timeliness, their affordability and their non-adversarial nature. Challenges were also identified, notably the insufficient participation of women. It was noted that women face obstacles to attaining equal access to justice in patriarchal systems, be they State or customary justice systems. 9. Many participants emphasized that, while indigenous and other traditional and customary systems are able in many cases to provide effective forms of redress, overall access to justice remains a major issue. Several participants noted the highly disproportionate rate of incarceration of indigenous persons in State justice systems compared to nonindigenous persons. Intercultural dialogue and meaningful engagement between indigenous and State justice systems are needed in order for them to coordinate and harmonize their coexistence and strengthen the respect for human rights in both systems. 10. In the context of efforts to achieve Sustainable Development Goal 16, indigenous justice systems are receiving increasing attention globally for their potential role in promoting the rule of law and effective, accountable and inclusive institutions in a manner consistent with human rights.9 The Special Rapporteur is convinced that indigenous and State justice systems should be seen as complementary and necessary to guarantee effective and equal access to justice for indigenous peoples. She calls for stronger measures to exchange information and harmonize the systems.10 11. Strengthened legal recognition, autonomy and self-governance among indigenous peoples should be viewed as part of nation-building rather than as posing a risk of fragmentation; such recognition will result in societies based on inclusiveness and increase the legitimacy of the State. The Special Rapporteur emphasizes that the adequate implementation of the right to autonomy and self-governance implies changes in the governance of State authorities, which will have a constructive impact on human rights compliance, the remedying of discrimination, marginalization and inequality, the building of more democratic, participatory and inclusive societies and ultimately, the enhancement of sustainable development for all.11 5 6 7 8 9 10 11 4 Ibid., arts. 5, 14, 18, 20 and 23. Ibid., arts. 4, 38 and 39. A/73/176, A/74/149 and A/HRC/42/37/Add.2. Raja Devashish Roy, “Indigenous peoples’ rights in Asia”, in Handbook of Indigenous Peoples’ Rights, Corinne Lennox and Damien Short, eds. (Routledge, 2016), pp. 371–393. International Commission of Jurists, Indigenous and Other Traditional or Customary Justice Systems in the Asia-Pacific Region: Report of the 2018 Geneva Forum of Judges and Lawyers (Geneva, 2019), p. 5. A/HRC/42/37, paras. 83 and 103. A/74/149, para. 17.